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Abstract

This Note analyzes the Green Protective Order, and the arguments of its proponents and critics. It aims to facilitate broader public awareness of an issue that, while not commanding newspaper headlines, may actually have greater consequence for Guantánamo prisoners and their counsel than those issues that do attract mass media attention. Part I provides a brief background on protective orders in general and their use in cases involving confidential national security, before examining the Green Protective Order in detail. Part II considers, in detail, three different assessments of the Green Protective Order named above, as these positions have been articulated in court submissions and other sources. In doing so, Part II emphasizes the considerable distance between the parties' positions. Finally, Part III of this Note interrogates the Government's purported motive in seeking a more restrictive protective order, and argues that the Green Protective Order already substantially compromises lawyers' ability to effectively represent prisoners at Guantánamo. It also urges counsel for Guantánamo prisoners to continue to make courts and the general public aware of the restrictions placed upon their advocacy, and the consequences these restrictions have for their clients.